{ "id": 8551295, "name": "STATE OF NORTH CAROLINA v. LARRY LEVON HUGHES", "name_abbreviation": "State v. Hughes", "decision_date": "1975-10-01", "docket_number": "No. 7521SC442", "first_page": "164", "last_page": "165", "citations": [ { "type": "official", "cite": "27 N.C. App. 164" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "185 S.E. 2d 202", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "280 N.C. 122", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570040 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/280/0122-01" ] }, { "cite": "182 S.E. 2d 271", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "11 N.C. App. 682", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8556488 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc-app/11/0682-01" ] }, { "cite": "195 S.E. 2d 502", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "283 N.C. 203", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558310 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/nc/283/0203-01" ] } ], "analysis": { "cardinality": 267, "char_count": 3445, "ocr_confidence": 0.568, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.2059131632770868 }, "sha256": "9d9b0c4999719d4566f868383c838c230008e75e6b299c82da92ef204509c999", "simhash": "1:4b7ca018d67d447b", "word_count": 570 }, "last_updated": "2023-07-14T22:44:36.927205+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Parker and Clark concur." ], "parties": [ "STATE OF NORTH CAROLINA v. LARRY LEVON HUGHES" ], "opinions": [ { "text": "BRITT, Judge.\nBy his first and third assignments of error, defendant contends the court erred in denying his motions to dismiss interposed at the close of the State\u2019s evidence and renewed at the close of all the evidence. By his second assignment of error, defendant contends the court erred in denying his motion to dismiss on the ground that he was illegally searched. We find no merit in the assignments.\nThe evidence tended to show: On 21 November 1974, defendant was an inmate at a prison camp in or near Winston-Salem. On that date, while on routine patrol, Winston-Salem police offi-c\u00e9rs, who knew defendant, saw him driving an automobile in the city. They followed him for several blocks after which he stopped at an apartment house complex. The officers drove up near defendant and asked to see his operator\u2019s license. When he failed to display his license, one of the officers told him he was under arrest. The officers proceeded to \u201cfrisk\u201d defendant and detected a hard object in his coat pocket. Thinking the object might be a weapon, the officer then ran his hand into defendant\u2019s pocket and retrieved a pipe containing residue of marijuana and a plastic bag containing marijuana. He was then advised that he was under arrest for violation of the Controlled Substances Act. Testifying in his own behalf, defendant denied any knowledge of th\u00e9 pipe \u00e1nd marijuana being in his pocket. On cross-examination he admitted that earlier in 1974 he had been convicted twice for possession of marijuana, once for possession of cocaine, and several times for resisting arrest and assault on a police officer.\nClearly, the evidence was sufficient to survive the motions to dismiss. It is also clear that defendant\u2019s arrest for operating' a motor vehicle on a public highway without an operator\u2019s license was legal, hence the search of his person as an incident to the arrest was legal. State v. Streeter, 283 N.C. 203, 195 S.E. 2d 502 (1973); State v. Jackson, 11 N.C. App. 682, 182 S.E. 2d 271 (1971), aff\u2019d, 280 N.C. 122, 185 S.E. 2d 202 (1971).\nNo error.\nJudges Parker and Clark concur.", "type": "majority", "author": "BRITT, Judge." } ], "attorneys": [ "Attorney General Edmisten, by Assistant Attorney General Conrad O. Pearson, for the State.", "Badgett, Calaway, Phillips & Davis, by Richard G. Badgett, for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. LARRY LEVON HUGHES\nNo. 7521SC442\n(Filed 1 October 1975)\n1. Narcotics \u00a7 4\u2014 possession of marijuana \u2014 sufficiency of evidence\nEvidence was sufficient to be submitted to the jury in a prosecution for possession of marijuana where it tended to show that officers stopped defendant to-check his driver\u2019s license, frisked him, and discovered marijuana on his person.\n2. Arrest and Bail \u00a7 3; Searches and Seizures \u00a7 1\u2014 warrantless arrest \u2014 search incident thereto \u2014 legality\nOfficers\u2019 arrest of defendant for operating a motor vehicle on a public highway without an operator\u2019s license was legal; hence, the search of defendant\u2019s person as an incident to the arrest was legal.\nAppeal by defendant from Albright, Judge. Judgment entered 20 March 1975 in Superior Court, Forsyth County. Heard in the Court of Appeals 17- September 1975.\nIn a warrant proper in form, defendant was charged with possession of marijuana. He was convicted in district court and appealed to superior court where he pled not guilty but was found guilty by a jury. From judgment imposing six months\u2019 prison sentence, to begin at expiration of another sentence being served, he appealed.\nAttorney General Edmisten, by Assistant Attorney General Conrad O. Pearson, for the State.\nBadgett, Calaway, Phillips & Davis, by Richard G. Badgett, for defendant appellant." }, "file_name": "0164-01", "first_page_order": 192, "last_page_order": 193 }